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B-286800 1 (2001-02-21)

handle is hein.gao/gaocrptamnj0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
             SIntegrity * Reliability                                 of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Ocuto Blacktop & Paving Company, Inc.

          File:       B-286800

          Date:       February 21, 2001

          Stephen L. Walthall, Esq., and Anne M. Zielenski, Esq., Kelly & Walthall, for the
          protester.
          Dawn G. Phillips, Esq., and Janie C. Cavitt, Esq., Department of the Army, and
          John W. Klein, Esq., and Gene Marie M. Pade, Esq., Small Business Administration,
          for the agencies.
          Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Army Corps of Engineers' issuance of a solicitation for environmental remediation
          work at a closed military base as a competitive 8(a) set-aside was consistent with
          Defense Federal Acquisition Regulation Supplement subpart 226.71, where there was
          a reasonable expectation that offers would be received from 8(a) eligible concerns
          located in the vicinity of the work.
          DECISION

          Ocuto Blacktop & Paving Company, Inc. protests the terms of request for proposals
          (RFP) No. DACA41-01-R-0002, a competitive set-aside for section 8(a) eligible
          concerns,' issued by the United States Army Corps of Engineers for environmental
          remediation work at the former Griffiss Air Force Base (AFB), Rome, New York.
          Ocuto complains that the solicitation did not properly apply the preference for





          1 Section 8(a) of the Small Business Act authorizes the Small Business
          Administration (SBA) to contract with government agencies and arrange for the
          performance of such contracts by awarding subcontracts to socially and
          economically disadvantaged small businesses. 15 U.S.C. § 637(a) (1994).

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